Armed Forces Act 2006

276 Compensation for miscarriages of justice

(1) Where—

(a) a person has been convicted by the Court Martial, and

(b) subsequently his conviction has been reversed, or he has been pardoned, on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice,

the Secretary of State shall pay compensation for the miscarriage of justice to him or, if he is dead, to his personal representatives; but this is subject to subsections (2) and (3).

(2) Compensation under this section is not payable if the non-disclosure of the unknown fact was wholly or partly attributable to the person convicted.

(3) Compensation under this section is not payable unless an application for such compensation has been made to the Secretary of State.

(4) The question whether there is a right to compensation under this section is to be determined by the Secretary of State.

(5) If the Secretary of State determines that there is a right to such compensation, the amount of the compensation is to be assessed by an assessor appointed by the Secretary of State.

(6) In assessing the amount of compensation payable to or in respect of a person that is attributable to suffering, harm to reputation or similar damage, the assessor must have regard in particular to—

(a) the seriousness of the offence of which the person was convicted and the severity of the resulting sentence;

(b) the conduct of the investigation and prosecution of the offence; and

(c) any other convictions of the person and any resulting sentences.

(7) The reference in subsection (1) to a conviction having been reversed is to be read as a reference to a conviction having been quashed—

(a) on an appeal out of time;

(b) on a reference under section 34 of the Court Martial Appeals Act 1968 (c. 20); or

(c) on a reference under section 12A of the Criminal Appeal Act 1995.

(8) Schedule 9 (provision with regard to assessors) has effect.